HF 3774

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/23/2022 12:30pm

A bill for an act
relating to natural resources; establishing Minnesota Swan Protection Act; allowing
designation of breeding-swan waters; providing criminal penalties; requiring
rulemaking; appropriating money; amending Minnesota Statutes 2020, section
97A.015, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapters 97B; 97C.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 97A.015, is amended by adding a subdivision
to read:

new text begin Subd. 32b. new text end

new text begin Native swan. new text end

new text begin "Native swan" means trumpeter swans and tundra swans and
does not include mute swans.
new text end

Sec. 2.

new text begin [97B.735] SWANS.
new text end

new text begin A person who takes, harasses, destroys, buys, sells, possesses, transports, or ships a
native swan in violation of the game and fish laws is guilty of a gross misdemeanor.
new text end

Sec. 3.

new text begin [97C.009] BREEDING-SWAN WATERS; USE OF LEAD TACKLE
PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Breeding-swan waters. new text end

new text begin The commissioner may designate waters of the
state as breeding-swan waters when one or more pairs of breeding native swans frequent
the water and nest nearby.
new text end

new text begin Subd. 2. new text end

new text begin Public notice and meeting. new text end

new text begin (a) Before the commissioner designates or removes
a designation of a breeding-swan water, public comment must be received and a public
meeting must be held in the county where the largest portion of the water is located.
new text end

new text begin (b) At least 90 days before the public meeting, notice of the proposed designation or
removal of the designation must be posted at publicly maintained access points on the water.
new text end

new text begin (c) Before the public meeting, notice of the meeting must be published in a news release
issued by the commissioner and in a newspaper of general circulation in the area where the
proposed breeding-swan water is located. The notice must be published at least once between
30 and 60 days before the meeting and at least once between seven and 30 days before the
meeting.
new text end

new text begin (d) The notices required in this subdivision must summarize the proposed action, invite
public comment, and specify a deadline for receiving public comments. The commissioner
must send each required notice to persons who have registered their names with the
commissioner for this purpose. The commissioner must consider any public comments
received in making a final decision.
new text end

new text begin Subd. 3. new text end

new text begin Using lead tackle. new text end

new text begin A person may not use tackle containing lead on a water
designated by the commissioner as a breeding-swan water under subdivision 1. The
commissioner must maintain a list of breeding-swan waters and the types of tackle that are
prohibited on the department website and in any summary of fishing regulations required
under section 97A.051.
new text end

Sec. 4. new text begin SWAN RESTITUTION VALUES; RULE AMENDMENTS.
new text end

new text begin (a) The commissioner of natural resources must amend Minnesota Rules, part 6133.0030,
to increase the restitution value of a tundra swan from $200 to $1,000 and the restitution
value of a trumpeter swan from $1,000 to $2,500.
new text end

new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, section
14.388.
new text end

Sec. 5. new text begin TITLE.
new text end

new text begin This act may be cited as the "Minnesota Swan Protection Act."
new text end

Sec. 6. new text begin SWAN PROTECTION EDUCATION AND OUTREACH; APPROPRIATION.
new text end

new text begin $....... in fiscal year 2023 is appropriated from the general fund to the commissioner of
natural resources to provide increased education and outreach promoting the protection of
swans in the state, including education regarding the restrictions on taking swans. This is
a onetime appropriation and is available until June 30, 2024.
new text end

Sec. 7. new text begin LEAD TACKLE COLLECTION PROGRAM; APPROPRIATION.
new text end

new text begin $....... in fiscal year 2023 is appropriated from the general fund to the commissioner of
natural resources to establish a lead tackle collection program that provides collection sites
throughout the state where anglers may safely dispose of lead tackle. This is a onetime
appropriation and is available until June 30, 2025.
new text end